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GAUCIN v. FARMERS INS. CO.

04-CV-0279-ST; A128462.

146 P.3d 370 (2006)

209 Or. App. 99

Mario V. GAUCIN, Appellant, v. FARMERS INSURANCE COMPANY OF OREGON, a foreign business corporation, Respondent.

Court of Appeals of Oregon.

Decided November 1, 2006.

Attorney(s) appearing for the Case

Joel DeVore, Eugene, argued the cause for appellant. On the opening brief were Timothy L. Williams and Roy Dwyer, P.C. With him on the reply brief were Luvaas Cobb and Timothy L. Williams.

Thomas M. Christ argued the cause for respondent. With him on the brief was Cosgrave Vergeer Kester LLP.

Before SCHUMAN, Presiding Judge, and LANDAU and ORTEGA, Judges.

SCHUMAN, P.J.

In this case, we are called on to decide whether plaintiff must reimburse defendant, his insurer, for the personal injury protection (PIP) benefits that defendant paid to plaintiff, to the extent that plaintiff also received other benefits that, in total, exceeded his economic damages. The trial court ruled that defendant was entitled to reimbursement by virtue of ORS 742.544.1 Plaintiff argues that ORS 742.544 does not confer...

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